111
LEGISLATIVE ASSEMBLY
2014
SECOND SESSION OF THE FIFTY-FIFTH PARLIAMENT
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VOTES AND PROCEEDINGS
No. 9
THURSDAY 16 OCTOBER 2014
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1
MEETING OF THE HOUSE
The House met at 10.00 am pursuant to adjournment. The Speaker took the Chair, read the prayer and
acknowledged the traditional owners, thanking them for their custodianship of country.
2
MESSAGES FROM THE LEGISLATIVE COUNCIL
The Speaker reported messages from the Legislative Council returning the following bills without
amendment:
15 October 2014
Crimes (High Risk Offenders) Amendment Bill
Crimes Legislation Amendment Bill
Health Services Amendment (Ambulance Fees) Bill.
3
NOTICES OF MOTIONS (GENERAL NOTICES)
4
SUSPENSION OF STANDING AND SESSIONAL ORDERS—GENERAL BUSINESS
Mr Alex Greenwich moved, by leave, That, on Thursday 16 October 2014, standing and sessional orders
be suspended to permit the consideration of the Technical and Further Education Commission
Amendment (Fees) Bill and the Criminal Records Amendment (Historical Homosexual Offences) Bill to
take precedence of all general business orders of the day (for bills) and general business notices of
motions (general notices).
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 16 October 2014
Debate ensued.
Question put and passed.
5
NEWCASTLE INNER-CITY RAIL CORRIDOR PRESERVATION BILL
Mr Greg Piper moved, pursuant to notice, That a bill be now introduced for an Act to preserve the
Newcastle inner-city rail corridor for the purposes of open space, recreational activities or public
transport.
Question put and passed.
Bill introduced and read a first time.
Mr Greg Piper moved, That this bill be now read a second time.
Debate adjourned (Mr Gareth Ward) and the resumption of the debate made an order of the day for a
future day.
6
BIRTHS, DEATHS AND MARRIAGES REGISTRATION AMENDMENT (CHANGE OF SEX)
BILL
Mr Alex Greenwich moved, pursuant to notice, That a bill be now introduced for an Act to amend the
Births, Deaths and Marriages Registration Act 1995 to allow a married person who has undergone a sex
affirmation procedure to have the person’s sex registered or to have the record of the person’s sex altered.
Question put and passed.
Bill introduced and read a first time.
Mr Alex Greenwich moved, That this bill be now read a second time.
Debate adjourned (Mr Gareth Ward) and the resumption of the debate made an order of the day for a
future day.
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It being before 10.30 am, general business orders of the day (for bills) proceeded with.
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7
TECHNICAL AND FURTHER EDUCATION COMMISSION AMENDMENT (FEES) BILL
The order of the day was read for the resumption of the interrupted debate, on the motion of Mr John
Robertson, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put.
The House divided.
AYES 20
Mr Barr, Ms Burney, Ms Burton, Mr Collier, Mr Daley, Mr Furolo, Mr Greenwich, Ms Hornery, Mr
Lynch, Dr McDonald, Mr Park, Mr Parker, Mrs Perry, Mr Piper, Mr Robertson, Ms Tebbutt, Ms Watson
and Mr Zangari.
Tellers: Mr Amery and Ms Hay.
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Thursday 16 October 2014
NOES 46
Mr Anderson, Mr Aplin, Mr Ayres, Mr Barilaro, Ms Berejiklian, Mr Bromhead, Mr Casuscelli, Mr
Conolly, Mr Constance, Mrs Davies, Mr Doyle, Mr Elliott, Mr Evans, Mr Fraser, Mr Gee, Ms Gibbons,
Ms Goward, Mr Grant, Mr Gulaptis, Ms Hodgkinson, Mr Holstein, Mr Humphries, Mr Issa, Dr Lee, Mr
Marshall, Mr Notley-Smith, Mr O’Dea, Mr Page, Mr Piccoli, Mr Provest, Mr Roberts, Mr Rohan, Mrs
Sage, Mr Sidoti, Mrs Skinner, Mr Smith, Mr Souris, Mr Speakman, Mr Stokes, Mr Stoner, Ms Upton, Mr
Ward, Mr R.C. Williams and Mrs Williams.
Tellers: Mr Patterson and Mr J.D. Williams.
In the Chair: Mr George.
Pairs: Mr Hoenig—Mr Baird; Mr Lalich—Mr O’Farrell; Ms Mihailuk—Mr Perrottet and Mr Rees—Mr
Toole.
Question negatived.
8
CRIMINAL RECORDS AMENDMENT (HISTORICAL HOMOSEXUAL OFFENCES) BILL
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Bruce
Notley-Smith, That this bill be now read a second time.
Question again proposed and debate resumed.
Question put and passed.
Bill read a second time.
Mr Bruce Notley-Smith moved, That this bill be now read a third time.
Question put and passed.
Bill read a third time.
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It being after 11.30 am, general business notices of motions (general notices) proceeded with.
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9
EAST MAITLAND COURT HOUSE CRIMINAL HEARINGS
Ms Sonia Hornery moved, pursuant to notice, That this House:
(1)
Notes the decision of the Office of the Chief Justice to end criminal hearings at East Maitland
Court House.
(2)
Notes that East Maitland is the fastest growing rural area in New South Wales, with the
population expected to double by 2030, and the need for criminal justice facilities are expected
to rise commensurately.
(3)
Notes that transport links from the Hunter to Newcastle are currently in flux, impacting on
access to courts in Newcastle, and therefore urges the Minister for Transport to ensure adequate
transport links are maintained between Maitland and inner city Newcastle.
(4)
Calls on the Attorney General to explain the reasons for the Hunter and Upper Hunter judiciary
being treated this way.
Debate ensued.
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Thursday 16 October 2014
Question put and passed.
10
AUSTRALIAN CELTIC FESTIVAL
Mr Adam Marshall moved, pursuant to notice, That this House:
(1)
Notes that the 22nd Australian Celtic Festival was successfully held at Glen Innes from 1 to 4
May 2014.
(2)
Congratulates and acknowledges the efforts of Raelene Watson, Chair of the Australian Celtic
Festival; Judi Toms, President of the Australian Standing Stones Monument; Margaret Sharpe,
Convenor of the Celtic Council of Australia; and Glen Innes Mayor Col Price, Chief Guardian of
the Standing Stones, for ensuring the smooth running of another fully engaging festival program.
(3)
Thanks the member for Upper Hunter for joining with the member for Northern Tablelands at
the official opening of the festival.
Debate ensued.
Question put and passed.
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It being after 1.00 pm, orders of the day (committee reports) proceeded with.
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11
REPORT OF THE COMMITTEE ON THE OMBUDSMAN, THE POLICE INTEGRITY
COMMISSION AND THE CRIME COMMISSION ENTITLED “2014 GENERAL MEETINGS”,
REPORT 8/55, DATED AUGUST 2014
Question proposed—That the House take note of the report.
Debate ensued.
Mr Lee Evans, by leave, obtained an extension of time.
Question put and passed.
12
REPORT OF THE COMMITTEE ON THE INDEPENDENT COMMISSION AGAINST
CORRUPTION ENTITLED “REVIEW OF THE 2012-2013 ANNUAL REPORTS OF THE
INDEPENDENT COMMISSION AGAINST CORRUPTION AND THE INSPECTOR OF THE
INDEPENDENT COMMISSION AGAINST CORRUPTION”, REPORT 5/55, DATED
SEPTEMBER 2014
Question proposed—That the House take note of the report.
Debate ensued.
Mr Greg Smith, by leave, obtained an extension of time.
Debate continue.
Question put and passed.
13
REPORT OF THE LEGISLATION REVIEW COMMITTEE ENTITLED “LEGISLATION
REVIEW DIGEST NO. 62/55”, DATED 14 OCTOBER 2014
Question proposed—That the House take note of the report.
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Thursday 16 October 2014
Debate ensued.
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The Acting Speaker (Ms Noreen Hay) obtained the leave of the House for orders of the day (committee
reports) to be considered past 1.30 pm.
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Debate continued.
Question put and passed.
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The Acting Speaker (Ms Noreen Hay) left the Chair at 1.36 pm.
The Speaker resumed the Chair at 2.15 pm.
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14
DEATH OF MAURICE FRANCIS KEANE, A FORMER MEMBER OF THE LEGISLATIVE
ASSEMBLY
The Speaker informed the House of the death, on 12 October 2014, of Maurice Francis Keane, a former
Member of the Legislative Assembly, and that on behalf of the House, she extended to the family the
deep sympathy of the Legislative Assembly in the loss sustained.
Members and officers stood as a mark of respect.
15
THE NATIONALS ANNOUNCEMENT
Mr Troy Grant informed the House of his election on 16 October 2014 as Leader of The Nationals.
16
QUESTION TIME
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(1)
Following a request from Mr Stephen Bromhead pursuant to standing order 131 (3), the Premier,
Minister for Infrastructure, and Minister for Western Sydney provided additional information.
(2)
Following a request from Mr George Souris pursuant to standing order 131 (3), the Minister for
Hospitality, Gaming and Racing, and Minister for the Arts provided additional information.
(3)
Following a request from Mr Barry O’Farrell pursuant to standing order 131 (3), the Minister for
Transport, and Minister for the Hunter provided additional information.
(4)
Following a request from Mr Matt Kean pursuant to standing order 131 (3), the Minister for
Resources and Energy, and Special Minister of State provided additional information.
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Disorder: At 3.02 pm, the Speaker directed Ms Linda Burney to leave the Chamber until the conclusion of
Question Time.
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17
LEGISLATIVE ASSEMBLY COMMITTEE ON LAW AND SAFETY
The Speaker, in accordance with standing order 282 (2), advised the House that on 15 October 2014
Bryan Michael Doyle was elected Deputy Chair of the Legislative Assembly Committee on Law and
Safety.
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 16 October 2014
18
PETITION SIGNED BY 10,000 OR MORE PERSONS
The Speaker announced that the following member had lodged a petition for presentation signed by
10,000 or more persons:
Mr John Robertson—from certain citizens requesting that the existing retail trading laws be retained in
their entirety.
19
PETITIONS
(1)
The Clerk announced that the following members had each lodged petitions for presentation:
Mr Gareth Ward—from certain citizens requesting an increase in the number of seats and carriages on the
4.24 pm train service from Central to Kiama.
Mr Alex Greenwich—from certain citizens requesting the upgrade of the Edgecliff Interchange.
Mr Alex Greenwich—from certain citizens requesting the establishment of a public high school in the
Sydney electorate.
Mr Gareth Ward—from certain citizens requesting additional parking facilities at Shoalhaven District
Memorial Hospital.
Mr Gareth Ward—from certain citizens requesting an ambulance station to be built in Berry.
Mr Alex Greenwich—from certain citizens requesting legislation for same-sex marriage.
Mr Alex Greenwich—from certain citizens requesting increased funding for low cost housing and
homelessness services.
Mr Alex Greenwich—from certain citizens opposing the sale of animals in pet shops.
Mr Alex Greenwich—from certain citizens requesting mandatory closed circuit television in all New
South Wales slaughter houses.
Mr Alex Greenwich—from certain citizens requesting a ban on hunting with pig-dogs in New South
Wales.
Mr Alex Greenwich—from certain citizens requesting a container deposit levy be introduced in New
South Wales.
(2)
The Clerk also announced that the following members had each lodged petitions for presentation
signed by 500 or more persons:
Mr Ron Hoenig—from certain citizens opposing an increase in the hourly cap on flights and opposing the
lifting of the curfew on flights at Sydney Kingsford-Smith Airport.
Ms Noreen Hay—from certain citizens requesting the construction of a new building with two new
classrooms with the option of an extension of two more classrooms at Wollongong Public School.
Mr Donald Page—from certain citizens requesting the construction of a new communication tower for
Marine Rescue Ballina.
Mr Jamie Parker—from certain citizens requesting more funding for Culturally and Linguistically
Diverse women’s services.
Mr Rob Stokes—from certain citizens requesting a fair buyout of commercial fishing operators in
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VOTES AND PROCEEDINGS OF THE NEW SOUTH WALES LEGISLATIVE ASSEMBLY
Thursday 16 October 2014
Pittwater.
Mr Alex Greenwich—from certain citizens requesting more appropriate and sustainable licensing
conditions to promote a safe night-time economy on Oxford Street.
20
WATER NSW BILL
Mr Kevin Humphries moved, pursuant to notice, That a bill be now introduced for an Act to provide for
State Water Corporation to become Water NSW and to abolish the Sydney Catchment Authority and
transfer its functions to Water NSW; and to repeal and amend certain legislation consequentially.
Question put and passed.
Bill introduced and read a first time.
Mr Kevin Humphries moved, That this bill be now read a second time.
Debate adjourned (Mr Paul Lynch) and the resumption of the debate made an order of the day for a future
day.
21
MARINE ESTATE MANAGEMENT BILL
Ms Katrina Hodgkinson moved, pursuant to notice, That a bill be now introduced for an Act to provide
for the strategic exercise of government functions in the management of the marine estate of New South
Wales; for the declaration and management of marine parks and aquatic reserves; and for other purposes.
Question put and passed.
Bill introduced and read a first time.
Ms Katrina Hodgkinson moved, That this bill be now read a second time.
Debate adjourned (Ms Tania Mihailuk) and the resumption of the debate made an order of the day for a
future day.
22
REGIONAL RELOCATION GRANTS AMENDMENT BILL
Mr John Barilaro, on behalf of Mr Andrew Stoner, moved, pursuant to notice, That a bill be now
introduced for an Act to amend the Regional Relocation Grants Act 2011 to confirm the closure of the
regional relocation home buyers grant and ensure a period of continued operation of the skilled regional
relocation incentive; and for other purposes.
Question put and passed.
Bill introduced and read a first time.
Mr John Barilaro moved, That this bill be now read a second time.
Debate adjourned (Mr Greg Aplin) and the resumption of the debate made an order of the day for a future
day.
23
BUDGET ESTIMATES AND RELATED PAPERS 2014-2015
The order of the day was read for the resumption of the adjourned debate, on the motion of Mr Andrew
Constance, That this House take note of the Budget Estimates and related papers for 2014-2015.
Question again proposed and debate resumed.
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Thursday 16 October 2014
Mrs Leslie Williams speaking—
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It being 4.30 pm, debate interrupted for discussion of petition signed by 10,000 or more persons.
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Ordered, That the resumption of the debate stand an order of the day for tomorrow.
24
DISCUSSION OF PETITION SIGNED BY 10,000 OR MORE PERSONS—PUBLIC LIBRARY
FUNDING
The order of the day was read for the discussion of the petition signed by 10,000 or more persons
presented by Mr Greg Piper, namely:
From certain citizens requesting an increase in recurrent public library funding to councils and the
establishment of a Building Library Infrastructure Program.
Discussion ensued and concluded.
25
COMMUNITY RECOGNITION STATEMENTS
26
PRIVATE MEMBERS’ STATEMENTS
27
ADJOURNMENT
The House adjourned, pursuant to standing and sessional orders, at 6.21 pm, until Tuesday 21 October
2014, at 12.00 noon.
Attendance: All members present except Mr Craig Baumann, Mr Garry Edwards, Mr John Flowers, Mr
Ron Hoenig, Mr Nick Lalich, Mr Daryl Maguire and Mr Darren Webber.
RONDA MILLER
Clerk of the Legislative Assembly
SHELLEY HANCOCK
Speaker
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Authorised by the Parliament of New South Wales